S.B.Wad - (1.)This is an appeal filed by the LR's of deceased Sardar Amarjit Singh Sawhney for enhancement of compensation awarded by the Motor Accident Claims Tribunal, Delhi. The Tribunal had awarded a sum of Rs. 14,834.00 while the claimants had claimed the compensa- tion of Rs. 2,00,000.00. The deceased Amarjit Daljit Sawhney vs. Jagtar Singh, etc. Singh was 28 years old at the time of the accident. He had completed the I.T.I. Certificate Course and was working as a Fitter. He had received a certificate of best craftsman in 1965. His salary at the time of the accident was Rs. 350.00, He is survived by his widow and one child.
(2.)Respondent 1, was the Driver of the vehicle belonging to Respondent 2. Respondent 3 is the Insurance Co. On 18.1.1968 at about 7 P.M. the deceased was attending to his work at the back side of Gokhley market near the workshop of Aya Singh within the limits of Police Station, Subzimandi, Delhi. Respondent 1, Jagtar Singh, who was driving truck No. DLG-5945 reversed the truck in a great speed. There was nobody behind the truck to warn the Driver or to guide him. The truck knocked down the deceased. Amarjit Singh received grievous injuries and was rushed to Irwin Hospital. Dr. Bishnu Kumar (PW-8), Head of the Deptt. of Forensic Medicine, Maulana Azad Medical College, conducted ? from the external injuries the deceased had suffered extensive rupture of liver 16xl5x8cms area on the right upper surface and the blood was present in the abdominal cavity. The Doctor further opined that the death was caused due to haemorrhage and shock consequent to the rupture of liver caused by blunt force injury in that region. Amarjit Singh died in the hospital next day. Cross Objection is filed by the D.T.C. in this court. Before the Tribunal a common w/s was filed by Respondent 2, the owner and Respondent 3, the Insurance Co. In fact the defence was conducted by the Insurance Co. on its behalf and on behalf of the owner.
(3.)I was taken through the evidence at the time of hearing. 1 am satisfied with the assessment of evidence by the Tribunal. The evidence of the eye witnesses and the Doctor confirmed the version of the claimants. I have no hesitation in accepting the findings of the Tribunal. After considering the w/s and evidence of the respondents the Tribunal came to the conclusion that the respondents had totally failed to establish their version of the accident. I agree with the findings of the Tribunal. I hold that Amarjit Singh died because of the rash and negligent driving of Respondent I during the course of employment of Respondent 2.